Turner v. Pontiac Correctional Center
| Desmond Darnell Turner |
| Pontiac Correctional Center |
| 1:2022cv01438 |
| December 14, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 11 JUDGMENT entered. (KE) |
Filing 10
TEXT ORDER entered by Judge Colin Stirling Bruce on 1/23/2023. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 28 U.S.C. Sec 1915A; Fed. R. Civ. P. 12(b)(6). Although the Court gave Plaintiff leave to file a proposed amended complaint, Plaintiff has failed to file a proposed amended complaint by the deadline given by the Court for him to do so. Accordingly, this case is closed and is dismissed without prejudice. All pending motions are denied as moot. The Clerk is directed to enter a judgment pursuant to Federal Rule of Civil Procedure 58. The Clerk of the Court is directed to add this case to the three-strikes list against Plaintiff. 28 U.S.C. 1915(g). If he wishes to appeal this dismissal, Plaintiff must file a notice of appeal with this Court within thirty (30) days of the entry of judgment. Fed. R. App. P. 4(a). See written order. (KE)
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Filing 9
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 12/19/2022. Plaintiff's Complaint is dismissed because it fails to state a claim upon which relief can be granted. 28 U.S.C. Sec 1915A; Fed. R. Civ. Pro. 12(b)(6). Plaintiff is given leave to file a proposed amended complaint that complies with the dictates of this Order. Plaintiff should file his proposed amended complaint within thirty (30) days from the date of this Order. If Plaintiff fails to do so timely, the Court will dismiss this case. The Clerk of the Court is directed to send the forms necessary for Plaintiff to file a suit under 42 U.S.C. Sec 1983. See written order. (Attachments: #1 Complaint Packet)(KE)
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| Filing 8 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 1/3/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 7 Case transferred in from District of Illinois Southern; Case Number 3:22-cv-02893. . |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/14/2022. Plaintiff's motion for the recruitment of counsel #3 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a review of the complaint. Plaintiff may renew his motion if his claim survives that review that the Court will conduct in the near future. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/14/2022. Plaintiff's motion for leave to proceed in forma pauperis in this case #2 is DENIED. Plaintiff has paid $400.00 towards the $402.00 filing fee. As such, the Court believes that Plaintiff can pay the remaining $2.00 dollars owed on the filing fee and that proceeding IFP is not necessary for Plaintiff to proceed in this case. (KE)
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Filing 6
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to United States District Court for the Central District of Illinois. Signed by Chief Judge Nancy J. Rosenstengel on 12/13/2022. (anp)
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Filing 5
The Court has received your complaint and your filing fee. Your case number is 22-2893-NJR. The following is some information you should know regarding the initial stages of your lawsuit. The Court will now review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Chief Judge Nancy J. Rosenstengel on 12/9/2022. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 12/9/2022. Consent due by 12/30/2022 (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Desmond Darnell Turner. (jaj) Modified on 12/14/2022 to correct event. (KE). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Desmond Darnell Turner. (jaj) |
| Filing 1 COMPLAINT against Pontiac Correctional Center filed by Desmond Darnell Turner.(jaj) |
| Initial Prisoner Filing Fee: $ 400.00 received, receipt number 1424 (bmc) |
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| Plaintiff: Desmond Darnell Turner | |
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